Dishonesty

Question 1

What are the elements of the offences of theft and dishonestly taking or using?

Answer 1

1. dishonestly 2. without claim of right 3. takes
2. any property 5. with an intent to deprive any owner permanently of that property. OR with intent to deprive any owner permanently of any interest in that property.
3. dishonestly 2. without claim of right 3. uses or deals
4. with any property 5. with an intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property
5. after obtaining possession or control of that property in whatever manner.

Question 2

dishonestly

Answer 2

Without a belief that there was consent or authority from the owner.

Question 3

claim of right

Answer 3

No belief in a right to own or possess the property.

Question 4

ownership

Answer 4

a) possession or control of the property
b) any interest in the property, or
c) the right to take possession or control of the property.
An owner of any property may be guilty of theft against another owner of that property.

Question 5

property

Answer 5

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

Question 6

What is the difference between the term “taking” and the term “using” and “dealing”?

Answer 6

To “use or deal with” property, you must first gain possession or control of the property and then begin to make decisions about that property as though you were the owner.

Question 7

Theft of an animals (section 222)

Answer 7

“Every one commits theft if he or she kills any animal that is the property of any other person with intent to steal the carcass, skin, plumage, or any other part, of the animal.”

Question 8

Penalties for theft according to 223 (b)(c)(d)

Answer 8

b) if the value of the property exceeds $1000, to a term of imprisonment not exceeding seven years;
c) if the value of the property exceeds $500, to a term of imprisonment not exceeding one year;
d) if the value of the property does not exceed $500, to a term of imprisonment not exceeding three months.

Question 9

Enters

Answer 9

Entry is complete as soon as any part of the
body of the person or any part of any
instrument used by that person, is within the
building or ship

Question 10

Any Building

Answer 10

Any building or structure of any description,
whether permanent or temporary; and includes a
tent, caravan, or houseboat; and also includes any
enclosed yard or any closed cave or closed tunnel.

Question 11

Any Ship

Answer 11

Any vessel used in navigation, however propelled.

Question 12

Without Authority

Answer 12

An absence of authority, either expressed or
implied, from a person the defendant believes
is legally able to give consent.

Question 13

Section 231(1)(a)&(b)
BURGLARY

Answer 13

• (a) Enters
any building or ship, or part of a building or ship,
without authority
with intent to commit an imprisonable offence in the building or ship. OR
• (b) Having entered
any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.

Question 14

Section 234(1)&(2)
ROBBERY

Answer 14

Theft
Accompanied by violence,OR, Accompanied by
threats of violence.
To any person, OR, Any property.
Used to extort the property stolen OR To prevent or
overcome resistance to the property being stolen

Question 15

Threat

Answer 15

A threat to the person must be such that the person was:

actually in bodily fear of the offender’s actions at the time of the robbery, OR
so scared of what might happen to them that the person parted with the property.

Question 16

Accompanied by
violence
OR.
Accompanied by
threats of violence

Answer 16

Violence before or at the time of the theft.

Threat of violence before or at the time of the theft,
demonstrated by conduct or words.

Question 17

Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen

Answer 17

The violence or threats used by the offender are
sufficient to cause the person to hand over the property
against their will.
OR
The property is taken by the offender after any
resistance to its taking has been prevented or
overcome.

Question 18

Violence

Answer 18

‘Violence’ means the unlawful exercise of physical force.

Question 19

Receiving: Act & Section

Answer 19

Crimes Act 1961, Section 246(1) & 247(a) or 247(b) or 247(c)

Question 20

Theft (taking): Act & Section

Answer 20

Crimes Act 1961, Sec 219(1)(a) & 223(b) or 223(c) or 223(d)

Question 21

Theft (using): Act & Section

Answer 21

Crimes Act 1961, Sec 219(1)(b) & 223(b) or 223(c) or 223(d)

Question 22

Robbery: Act & Section

Answer 22

Crimes Act 1961 Section 234(I) & (2)

Question 23

Burglary: Act & Section

Answer 23

Crimes Act 1961, Section 231(1)(a)

Question 24

Receives

Answer 24

Either exclusively or jointly with the thief or any other
person has possession or control over anything
unlawfully obtained or helps in its concealment or
disposal.

Question 25

Any Property stolen

Answer 25

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been
stolen.

Question 26

Any property obtained by any other imprisonable offence

Answer 26

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.

Question 27

Knowing that property to have been stolen or so obtained.

Answer 27

Believing at the time of receiving that the property had

been stolen or obtained by any other imprisonable offence

Question 28

Being reckless as to whether the property had been stolen or so obtained

Answer 28

Receives the property, despite the person consciously
taking an unreasonable risk that the property might be
stolen or obtained by any other imprisonable offence.

Question 29

Possession and Control in terms of receiving

Answer 29

Possession in terms of receiving involves four legal elements:
• Awareness that the item is where it is;
• Awareness that the item has been stolen;
• Actual or potential control of the item; and
• An intention to exercise that control over the item.